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2025 DAILYLAW 169909 (ALL)

GAJODHAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. REVENUE SECTT. LKO AND 9 OTHERS

WPIL/1109/2024 · 2025-01-02

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:32 Court No. - 18 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1109 of 2024 Petitioner :- Gajodhar And Another Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Sectt. Lko And 9 Others Counsel for Petitioner :- Dinesh Chandra Tewari Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Manoj Bajaj,J. Petitioners have approached this Court by means of this petition under Article 226 Constitution of India seeking a writ of mandamus for issuance of direction to the opposite party no. 3 to implement the order dated 6th November, 2023 passed by it under Section 67 of the U.P. Revenue Code, 2006 for eviction of private respondents. During the course of hearing, it is conceded by the learned counsel for the petitioners that in respect of the order dated 6th November, 2023, the execution proceedings are maintainable under Section 460 U.P. Revenue Code Manual. That apart, it is also fairly admitted by learned counsel that neither any application seeking execution has been filed, nor there is any order whereby the execution of order dated 6th November, 2023 by the competent authority, has been declined. Apparently, the petition is without a cause of action, therefore, this Court is not inclined to exercise extra ordinary writ jurisdiction. The petition is dismissed. However, it shall be open for the petitioners to avail the alternative remedy, in accordance with law. Order Date :- 2.1.2025 Brijesh Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench